L-1 (Intra-Company Transferee)
The L-1 (intra-company transferee) visa classification is the status sought by Global Companies/Foreign Entities who seek to transfer their Foreign Employees to their U.S. office. An L-1 visa is available if (1) the Foreign Employee worked for the Foreign Entity for at least 1 year during the past 3 years in a qualifying capacity: as an executive/manager (L-1A) or in a specialized knowledge capacity (L-1B); (2) there is a qualifying/affiliated relationship between the U.S. Entity and the Foreign Entity/Employer; and (3) the Foreign Employee is being transferred to the U.S. to work in a comparable "qualifying" capacity. Foreign Employees who obtain L-1A classification are eligible for a stream-lined and advantageous process that, as Priority Workers, leads swiftly to Lawful Permanent Resident Status ( "Green Card").
The attorneys at Goldblum & Hess possess over three decades of experience securing L-1 A and B visas for global and multi-national employers.
E-2 (Treaty Investor)
The E-2 (Treaty Investor) visa classification is the status sought for many foreign-owned U.S. Companies/Employers that seek to employ Foreign Workers (of the same nationality) who may or may not have the 1 year of qualifying employment required for L-1 transfers. An E-2 visa may be available if (1) the U.S. Employer is at least 50% owned by Foreign Nationals whose country is a signatory of a Treaty of Trade and Commerce with the United States; (2) the Foreign Worker is the same nationality as such U.S. Employer; and (3) the Foreign Worker will be employed in a qualifying capacity: namely, as an executive/manager or based on his/her "essential" skills.
The E visa allows Foreign Entrepreneurs (of Treaty countries), who have invested a "substantial" amount of money in a U.S. entity, to enter the United States in order to establish and then direct his or her business/investment. Unfortunately, there is no qualifying Treaty with the “BRIC” countries: Brazil, Russia, India, or China and, thus, entrepreneurs from such countries do not have the E-2 visa available to them.
Goldblum & Hess has successfully secured E-2 status for "Treaty" Companies that range in size from large global companies to small Thai restaurants. Contact our Office to find out if the E-2 option is available for your Company.
H-1B (Professional Employees)
The H-1B (professional or specialty occupation) visa classification is the status sought most often for University and College graduates or for Foreign Medical Residents and Fellows. This visa is based on the position’s educational requirement. Thus, an H-1B can be pursued if (1) the position requires (no less than) the U.S. equivalent of a 4-year baccalaureate degree in a particular field; (2) the Foreign National holds such related degree and, if required, licensure; (3) the Employer is able and willing to pay (no less than) the prevailing wage (or actual wage, whichever is higher) for the position; and (4) if the Employer is "cap-subject", there is an H-1B visa number available. While some Employers, such as Universities and Health Systems, are "cap exempt", for "cap subject" Employers, there is an annual cap of 85,000 H-1B visas (for each Fiscal Year that begins on October 1). H-1B and visa holders are limited to a maximum of six years of stay in such classification (which can be extended if certain steps of the “green card” process have been commenced or completed).
Whether hiring new graduates or experienced professionals, Goldblum & Hess utilizes decades of experience to assist your company, university or hospital in quickly and cost-effectively securing H-1B visa status for your foreign workforce.
O-1 (Extraordinary Ability)
The O-1 (Extraordinary Ability) visa classification has widespread applicability to those who have reached the top of their field in almost any area of endeavor ranging from the arts to the sciences. Importantly, it is the status often sought by Foreign Scientists and Researchers who once held J-1 status (subject to the “two year return requirement”) and who are in the process of obtaining a waiver. In addition, we have obtained O-1 status for Performers, Athletes and Artists who (also) have tremendous talent that they want to share with the United States.
Goldblum & Hess has successfully secured O-1 status on behalf of employees and those associated with many of the region’s and nation’s most prestigious institutions, including Universities, Research Institutions, Theatres and Sports Teams. Please contact our Office to discuss the O-1 option.
H-2B (Seasonal and Peakload)
The H-2B (Seasonal and Peakload) visa classification is the status pursued by U.S. Employers who seek to employ Foreign Skilled and Unskilled Workers on either a seasonal or a peak-load basis. These are temporary visas that cannot last more than 1 year in most instances. H-2B visas are becoming increasingly more complex as the program administered by both the Department of Labor and the USCIS has undergone tremendous change over the past few years. Good planning and pragmatic execution is key to utilizing this classification.
Goldblum & Hess has been successful in obtaining the requisite H-2B visas for many types of businesses, including, but not limited to, the horseracing and landscaping industries. Please contact our Office to discuss the H-2B option if your Company has a true seasonal or peakload need.
J-1 (Training & Intern)
The J-1 (Training & Intern) visa classification is the status sought for U.S. Companies that wish to provide training to Foreign Nationals for a duration of up to 18 months (12 months in the case of an Intern). We routinely assist Companies in formulating appropriate training programs for a wide range of activities from engineering to sales and marketing to hospitality.
Please contact our Office to discuss the J-1 option if your Company desires to provide training to Foreign Nationals.